Search Rutgers Law Library N.J. Court Opinions

1 A. Donelson v. DuPont Chambers Works -- rank: 1000

... 15 Because of CEPA’s election of remedies provision, see N.J.S.A. 34:19-8 (deeming filing of CEPA suit as election of remedies, effectively ... in lieu of the common law wrongful discharge action. See N.J.S.A. 34:19-8. 20 Although plaintiff retired on disability pension, that does not ...

docket:	a-112-09
court:	superior court trial
decided:	2011-06-09
status:
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Document Size:	151099

2 /usr/local/share/www/libweb/collections/courts/appellate/a0352-19.opn.html -- rank: 918

... and fair dealing was barred under the CEPA waiver statute, N.J.S.A. 34:19- 8. The court dismissed counts eight, eleven, and twelve pursuant to ... within the scope of the CEPA waiver provision detailed in N.J.S.A. 34:19-8, but disagree that plaintiff's claims in count nine are ... tate law, rule or regulation or under the common law.' N.J.S.A. 34:19-8. The waiver provision is to be narrowly construed, consistent with ... termination claims in count six and seven are barred by N.J.S.A. 34:19-8. A-0352-19 32 claims that defendants' have made implied ...

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3 DR. MYRON A. MEHLMAN V. MOBIL OIL CORP. ET AL -- rank: 888

... individual defendants on the ground that they were barred by N.J.S.A. 34:19-8, which provides that a CEPA action waives other rights and ... facie tort, Mobil correctly argues that the CEPA waiver provision, N.J.S.A. 34:19-8, precludes this claim. See footnote 19 141 N.J. 16 ... action...." The trial judge dismissed this count as waived under N.J.S.A. 34:19-8 because it was a "common law cause[] of action...."     Mobil ...

docket:	a438-94
court:	njappellate
decided:	1996-06-13
status:	published
citation:	291 N.J.Super. 98
Document Size:	106246

4 Mehlman v. Mobil Oil Corporation -- rank: 861

... reasonably believed Mobil had violated, as required by CEPA. See N.J.S.A. 34:19-8. 291 N.J. Super. 98 , 137-38 (1996). The court ... is inconsistent with the objective of CEPA's waiver provision. N.J.S.A. 34:19-8. Relying on this Court's opinion in Young v. Schering ...

docket:	a-5-97
court:	njsupreme
decided:	1998-03-26
status:
citation:	153 N.J. 163
Document Size:	115207

5 LAWANDA KITCHEN v. SPRINGPOINT SENIOR LIVING -- rank: 858

... claims are foreclosed by CEPA's election-of-remedies provision, N.J.S.A. 34:19-8, which plainly states that 'the institution of an action in ... 275 N.J. Super. 221, 238 (App. Div. 1994) (applying N.J.S.A. 34:19-8). Therefore, plaintiff's LAD claim was properly dismissed. Plaintiffs' argument ...

docket:	a3085-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-28
status:	Unpublished
citation:
Document Size:	53455

6 YOUNG V. SCHERING CORPORATION -- rank: 810

... Count II on the ground that the CEPA waiver provision, N.J.S.A. 34:19-8, precluded Dr. Young from pursuing those claims. The court preserved ... provision of the New Jersey Conscientious Employee Protection Act (CEPA), N .J.S.A. 34:19-8. The Appellate Division held that the statutory waiver does not ... such, they were deemed waived under CEPA's waiver provision, N.J.S.A. 34:19-8. Id. at 237-38. However, the court determined that CEPA ... provision in CEPA that controls this case is located at N.J.S.A. 34:19-8 and provides:             Nothing in this act shall be deemed to ... 1994), we are persuaded that the Legislature intended that the N.J.S.A. 34:19-8 waiver prevent an employee from pursuing both statutory and common ... affect the legal rights, privileges and remedies of an employee. N.J.S.A. 34:19-8. It then creates an exception to the protected rights, ...

docket:	a-113-94
court:	njsupreme
decided:	1995-07-11
status:
citation:	141 N.J. 16
Document Size:	52948

7 /usr/local/share/www/libweb/collections/courts/appellate/a3896-19.opn.html -- rank: 783

... of the rights and remedies available . . . under the common law.' N.J.S.A. 34:19-8. Thus, '[p]arallel claims based on those rights, privileges and ...

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8 Theresa Notte, et al.,v. Merchants Mutual Ins. Co., etc.,et. al. -- rank: 780

... be futile on application of the waiver provisions of CEPA, N.J.S.A. 34:19-8. II. A. In its substance, Rule 4:9-3 is ... State law, rule or regulation or under the common law.” N.J.S.A. 34:19-8. Thus, Merchants and Wolfe assert that Pantano’s election to ... reason of the waiver provisions of Section 8 of CEPA, N.J.S.A. 34:19-8, Pantano’s proposed amendment to his complaint would be futile ...

docket:	a-19-05
court:	njsupreme
decided:	2006-01-12
status:
citation:	*CITE_PENDING*
Document Size:	40360

9 JAMES D. BORDONE v. PASSAIC PUBLIC LIBRARY TRUST -- rank: 774

... complaint were dismissed based on CEPA's waiver provision. See N.J.S.A. 34:19-8. The court found that the non-CEPA claims all rested ... State law, rule or regulation or under the common law. [N.J.S.A. 34:19-8.] Plaintiff's common law cause of action relied on the ... was submitted to the jury. We disagree with this argument. N.J.S.A. 34:19-8 provides that the 'the institution of an action in accordance ...

docket:	a2299-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-18
status:	unpublished
citation:
Document Size:	74313

10 Michael Battaglia v. United Parcel Service, Inc. -- rank: 774

... discuss the implications of CEPA’s statutory election of remedies. N.J.S.A. 34:19-8 (“the institution of an action in accordance with this ...

docket:	a-86-11
court:	NJ Supreme Court
decided:	2013-07-17
status:
citation:
Document Size:	134984

11 Ballinger v. Delaware River Port Authority -- rank: 759

... State law, rule or regulation or under the common law. [ N.J.S.A. 34:19-8.] This Court previously has decided that the waiver provision does ...

docket:	a-35-01
court:	njsupreme
decided:	2002-06-25
status:
citation:	172 N.J. 586
Document Size:	67720

12 KAROL MAW v. ADVANCED CLINICAL COMMUNICATIONS, INC., et al. -- rank: 753

... State law, rule or regulation or under the common law." N.J.S.A. 34:19-8. Thus, "[p]arallel claims based on those rights, privileges and ... 27 ("we are persuaded that the Legislature intended that the N.J.S.A. 34:19-8 waiver prevent an employee from pursuing both statutory and common ...

docket:	a3606-01
court:	njappellate
decided:	2003-04-16
status:	published
citation:	359 N.J. Super. 420
Document Size:	59507

13 /usr/local/share/www/libweb/collections/courts/appellate/alberts-v-gaeckler.opn.html -- rank: 732

... CEPA claim based upon the exclusivity of the CEPA remedy. N.J.S.A. 34:19-8 Thereafter, the defendant moved to dismiss the CEPA claim and ...

docket:	Alberts-v-Gaeckler
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	39315

14 NADINE HELLER v. MIDDLESEX COUNTY COLLEGE -- rank: 726

... party waives the right to remedies available under other laws. N.J.S.A. 34:19-8. Accordingly, the CEPA waiver provision applies to preclude substantially related ...

docket:	a4179-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-29
status:	Unpublished
citation:
Document Size:	56534

15 MARGARET GATHMAN v. CARE ONE MANAGEMENT, LLC -- rank: 720

... the rights and remedies available under any other . . . State law.' N.J.S.A. 34:19-8. The provision 'applies only to those causes of action that ... at 32 ('The meaning of 'institution of an action' [under N.J.S.A. 34:19-8] could conceivably contemplate an election of remedies with restrictions in ...

docket:	a2904-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-22
status:	Unpublished
citation:
Document Size:	44853